• Can apartment associations form laws that are discriminating and against fundamental rights?

In several areas in a city like Mumbai, most of the apartment associations have this archaic notion of bachelors being sinners and families being the god's favorite class of people. It's harassing and mostly done with generalist and invalid assumptions about people. For example, most of the societies would say that bachelors create trouble or they'll commit suicide and more such lowly things which are very offensive, and single girls are treated like prostitutes. The ground level reality is that there is no tackling these stubborn societies. And most of the people just try to find some other place.

Is this behavior not discriminating and against fundamental constitutional rights of citizens? If so, why is this permitted and what legal power do these societies exercise towards making these decisions? Even if this behavior is protected by some kind of law, can it be challenged in court of law? What would be the best way to proceed so that any relevant laws are amended to stop such discrimination in a legally enforced way?

Given the nature of different states having different laws and acts, my question is specific to Mumbai.
Asked 2 years ago in Constitutional Law from Mumbai, Maharashtra

Such discrimination is punishable if the same is done by state.

Societies have the liberty to chose to whom they should give the flat, legally nothing much can be done about the same.

There is no definite law which says that bachelors should not be given the room, so no such amendment can be sought.

Anilesh Tewari
Advocate, New Delhi
16907 Answers
259 Consultations

5.0 on 5.0

Such is the condition in most of the metro cities, a person has the liberty to give his house on rent to whomsoever he/ she wants.

To the extent that some people just give house on rent to one specific religion.

Regards

Anilesh Tewari
Advocate, New Delhi
16907 Answers
259 Consultations

5.0 on 5.0

Its not a waste of Rs. 400 try and understand what I have said, do not rush to judgement. Let me clarify:

You asked that if there is some kind of law. My reply is that there is no law.

Please understand that all the fundamental rights enshrined in the constitution are to be protected by state. Individual is at liberty to give their premises to any one they deem fit, you can not challenge the same anywhere. Moreover that is not a violation of fundamental right, also if that is it is subject to the restrictions imposed to the FR.

There is no specific law with regards to the same and therefore nothing has been quoted.

It is not always the case that Whatever you think will happen, at times some acts cause damage but there is no legal wrong. In law this is known as damnum sine injuria.

If you will try to understand then i hope that you will understand.

Rest wait for the reply of other lawyers on pannel if you are bot satisfied with my opinion.

If you want to know the things in detail, you may have a conversation with me on telephone.

Thanks

Anilesh Tewari
Advocate, New Delhi
16907 Answers
259 Consultations

5.0 on 5.0

RWAs and Housing Societies come within the definition of 'state' under Article 12 of the Constitution of India.

The Constitution of India guarantees fundamental right to equality to all under article 14. Under this, nobody can be discriminated on the basis of gender, colour, caste, creed, religion, marital status etc.

The Fundamental Rights are defined as basic human freedoms that every Indian citizen has the right to enjoy for a proper and harmonious development of personality. These rights universally apply to all citizens, irrespective of race, place of birth, religion, caste or gender.

For the enforcement of fundamental rights one can proceed against state. Since, society falls within the definition of 'state', you can drag the concerned society to the High Court by way of filing a writ petition under Article 226 and seek appropriate directions for enforcement of your funds rights.

Challenge in this writ all the discriminatory, arbitrary and illegal and unsustainable practices/rules of the concerned society.

Vibhanshu Srivastava
Advocate, New Delhi
8549 Answers
133 Consultations

5.0 on 5.0

society cannot discriminate against bachelors

2)society cannot pass resolution that bachelors would not be permitted to take premises on leave and licence

3) if you face any discrimination from the society you are ta liberty to lodge police complaint against office bearers of society for refusing to permit bachelors to take premises on leave and licence under section 506 of IPC for criminal intimidation

4) you can also complain to deputy registrar cooperative society against the society refusal to permit bachelors to take premises on leave and licence

Ajay Sethi
Advocate, Mumbai
66757 Answers
4037 Consultations

5.0 on 5.0

There is no such law which says that bachelors should not be given the room and there is no such law which states that a landlord has to give room to anyone who approach him. To your last question my reply is that you cannot challenge a landlord for not renting to you. He has the liberty of whom he wants to give rent. There is no such law in India dealing with your problem.

It is a problem faced by most of the single person like us. The only remedy to this is that you may file a PIL regarding this topic which is havoc for the young people of both the sexes.

Johnu Kanta Bhuyan
Advocate, Guwahati
192 Answers
3 Consultations

5.0 on 5.0

you can as member of society also file complaint against society before consumer forum for deficiency in service and seek court orders to direct society not to discriminate against bachelors

2) seek compensation for mental torture undergone by you also claim litigation costs

Ajay Sethi
Advocate, Mumbai
66757 Answers
4037 Consultations

5.0 on 5.0

Hi, your query is more likely relates to a social stigma rather then a legal problem .. The RWA can make such rules of prohibiting bachelors as it is made with the consent of the residents .. However , when I as a student in Pune also faced similar problems , but there is no legal way to change the biased perception of people

Hemant Chaudhary
Advocate, Gurgaon
4255 Answers
31 Consultations

4.9 on 5.0

It can be challenged in court .. You can file a PIL in court against such orders of RWA ( resident welfare association)

Hemant Chaudhary
Advocate, Gurgaon
4255 Answers
31 Consultations

4.9 on 5.0

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